United States v. Stanley Halprin

Defendant appeals from his conviction by the district court, sitting without a jury, of one count of a two count indictment, namely, having in his possession the contents of a letter stolen from the United States mails, knowing it to have been stolen, 18 U.S.C. § 1708 (third paragraph).

Appellant urges three errors — One: that he was denied a continuance to secure counsel of his own choosing, to his substantial prejudice; Two: the search and seizure of evidence from his person was unreasonable; and Three: insufficiency of the evidence to prove (a) the credit card was placed in the mail; (b) that the defendant knew the credit card had been stolen from the mail.

FACTS

Defendant was arrested when he arrived at Los Angeles International Airport from Mexico City on Western Airlines Flight No. 638 on January 5, 1971. He was detained at customs when the customs officers found empty drug bottles in the seat back pouch of seat 5-A. Enquiry by the flight crew indicated the appellant and a young lady had been sitting back of seat 5-A. This young lady when searched, had pills contained in her gloves. The appellant had no drugs in his possession.

An airline employee saw appellant arrive…